NEWS: Inside the Industry

Immigration Update: No-Match Rule Will Further Tax Workforce

With the H-2B deadline for a returning-worker exemption fast approaching at the end of this month, the repercussions of Congress’ failure to pass a comprehensive immigration reform bill this summer was highlighted in early August when the Department of Homeland Security announced new immigration enforcement reforms.
 
One rule of particular concern to landscape companies is the no-match regulation stating that employers who receive no-match letters may be held liable if they fail to take specified steps within 90 days of receiving the letter.
 
This new rule will take effect Sept. 14.
 
In addition, DHS officials indicated they would seek regulatory reform of the H-2B program and other temporary and seasonal non immigrant programs. Though employer groups expressed concern that such reform could take at least a year and will fail to provide the immediate relief necessary as a result of the final no-match rule, DHS says regulatory reform is the best solution outside of enacting comprehensive reform legislation, according to an analysis of the reform conducted by the American Nursery & Landscape Association’s labor and immigration counsel.
 
Several key components of DHS’ final no-match rule include a 93-day period after receiving a no-match letter, in which an employer must determine whether the employee provided correct information.
 
If the employer cannot obtain verification that the document in question is acceptable, the employer will have to terminate the employee or face the risk that DHS may find it has “constructive knowledge” that the employee is illegal, according to the ANLA report.
 
Employers who follow DHS procedures will have a “safe harbor,” even if the worker is later determined to be unauthorized.
 
Another issue that concerns employers, such as professional landscape contractors how use H-2B workers, is the possibility of discrimination allegations.
 
The rule says that employers who re-verify documents listed in no-match letters will have a defense against discrimination allegations based on document abuse provisions of current immigration law. – Marisa Palmieri

An Immigration Attorney's View

Immigration attorney Carl Hampe, partner at Baker & McKenzie in Washington, offers some insight on the state of compliance for employers.

Q: What should contractors know about the new no-match rule?

A: This rule is not reason for panic and in fact clarifies an unreasonably ambiguous situation that has existed for years. There had not been clear guidance from Immigration and Customs Enforcement (ICE) on exactly how to respond when an Social Security mismatch letter was received, yet ICE had relied on non-response to such letters in the past to justify its recent enforcement actions. While not every aspect of the new rule is employer-friendly, it at least clarifies an employer’s responsibilities under the immigration law when such a letter is received. The rule should be read and followed carefully.

Q: What’s led to increased ICE raids?

A: In response in part to pressure from Congress, ICE announced in April 2006 that it would restore the work site enforcement raids that had lain dormant since 2001 and it decided to use criminal law enforcement tools for investigations rather than the civil enforcement scheme developed by Congress in 1986. There is little doubt that the current public mood supports enforcement of the law against employers who knowingly hire illegal aliens. What the public does not understand as well is how difficult it is for employers to “know” whether they are “knowingly” hiring an unauthorized alien.

Q: What is the single most important thing contractors can do to protect themselves from ICE raids?

A: If an employer relies on an unskilled workforce and draws from the new immigrant labor pool, then it should retain immigration experts who can advise on the best methods to minimize their exposure to ICE, which include a number of steps beyond mere I-9 compliance, including electronic worker verification, screening for ID theft, responding diligently to mismatch letter and being diligent of the employment practices of any subcontractors.

Landscape professionals seeking to scout out new equipment or brush up on their business smarts have a new venue to do so this fall. The Green Industry and Equipment Expo (GIE+EXPO) – an alliance between the Professional Landcare Network’s Green Industry Expo and the Outdoor Power Equipment Institute’s Lawn, Garden & Power Equipment Expo – will debut October 26-27 at the Kentucky Exposition Center in Louisville.
 
Traditionally, GIE had averaged about 5,000 attendees from the green industry and Expo drew as many as 25,000 visitors, who included contractors, equipment dealers and consumers. The organizers estimate the shows had minimal attendee overlap, about 10 percent. Prospective attendees who have not registered or booked their hotel space should do so as soon as possible, says Gerry McCarthy chair of PLANET’s GIE committee. The Galt House, PLANET’s host hotel, is already booked for the weekend, as are many of the hotels in the downtown Louisville area. It’s likely rooms are still available near the Louisville International Airport (for more information, visit www.gie-expo.com/hotels.html).
 
Organizers hope they’ve taken the best from both shows to create a new show that delivers what both attendees and exhibitors want: excellent education and plenty of trade show and outdoor demonstration time.
 
The former GIE show used to have just one day of outdoor equipment demonstrations and test driving. This year, following Expo’s traditional format, GIE+EXPO will host three days of outdoor-demo time. An added bonus is this attraction takes place on site, adjacent to the indoor exhibits, McCarthy notes.
 
On the education front, there will be a full line of educational offerings for landscape professional similar to the old GIE’s sessions. Still called the Green Industry Conference, sessions include attendee favorites like Breakfast with Champions and facility tours. One highlight, McCarthy says, is the fact that several seminars will be repeated throughout the event.
 
New this year is a series of Green Industry Expo Workshops, which take place from 3:00-5:00 each day. At $50 each, these sessions are targeted at walk-in attendees and are designed to be an introduction to the rest of the education available at the event. Speakers include Roger Cook, landscape contractor for “This Old House” and consultants Marty Grunder and Phil Sorentino. The cost to attend the entire Green Industry Conference is $315 for PLANET members and $445 for nonmembers. For more information, visit www.greenindustryconference.org. – Marisa Palmieri

Updated Hurricane Season Prediction, Heat Provide Little Comfort

The updated Atlantic hurricane prediction from the National Oceanic and Atmospheric Administration has been slightly reduced, although the center continues to predict an above-normal season.
 
NOAA scientists are predicting an 85 percent chance of an above-normal season, runs from June 1 through Nov. 30. The center now predicts there will be 13 to 16 named storms, with seven to nine becoming hurricanes, of which three to five could become major hurricanes. The original prediction, which came out in May, noted there would be no more than 17 named storms, with seven to 10 becoming hurricanes. Climate factors through late summer caused the NOAA to slightly tighten the range of possible storms for the season.
 
The climate patterns responsible for the expected above-normal 2007 hurricane season are the same patterns that have spawned increased Atlantic hurricane activity since 1995. These patterns include warmer-than-normal sea surface temperatures in areas of the Atlantic Ocean and Caribbean Sea and the El Niño/La Niña cycle, according to Gerry Bell, Ph.D., lead seasonal hurricane forecaster at NOAA’s Climate Prediction Center, based in Camp Springs, Md.
 
Warmer-than-normal conditions also have been used to describe temperatures this year, according to the NOAA. In fact, the first half of 2007 was the 18th warmest January-to-June period in the U.S. since records began in 1895. The lack of precipitation led to drought in much of the country, which triggered an early start to the wildfire season, crop losses and local drought emergencies. – Heather Wood

TruGreen Drops ChemLawn Name

Lawn care provider TruGreen ChemLawn is now simply TruGreen. The company recently announced that it is dropping the second half of its name.
 
TruGreen and ChemLawn merged in 1992 when ChemLawn was purchased by ServiceMaster (which bought TruGreen in 1990). Both names were kept. “ChemLawn was a well known name in the industry and the company wanted to retain the customer recognition,” according to the company.
 TruGreen is the name most people recognize as the corporate brand. “Enough time has passed that we can drop ChemLawn from our name without losing brand recognition,” according to a statement. “A shorter name is easier to remember, easier to say when answering the phone, easier to recognize on a truck and more flexible and inclusive when providing a vast array of customer services.”
 
The parent company, ServiceMaster, entered into a definitive merger agreement in March to be acquired by an investment group led by Clayton, Dubilier & Rice (CD&R) for a total value of $5.5 billion, which includes the assumption of $800 million in debt. – Heather Wood

Snow EXPO to Return to Indy

GIE Media’s Snow Magazine has announced it will return to Indianapolis for the 2008 Snow Industry Exposition & Conference.
 
The second annual show will take place May 4-6. The one-of-a-kind conference presents attendees an in-depth educational seminar schedule and unprecedented networking opportunities with the industry’s leading suppliers and professional snow removal contractors from around the country.
 
“We looked into a number of different host cities for the 2008 Snow EXPO and the positive feedback we received from attendees about their Indianapolis experience in May lead us to bring the show back there for our second year,” says Kevin Gilbride, Snow Magazine publisher. “Our mission with the Snow EXPO is to meet contractors’ needs in providing the industry knowledge and education they’re asking for to run their snow removal operations more effectively and efficiently. As such, the ease of getting to the host city and the ability to be in a centralized location played an important part in the decision.”
 
Educational seminar and event activities are in the process of being finalized, Gilbride says.
 
“With the 2008 Snow EXPO we’re bringing more of the educational opportunities snow contractors found valuable in our 2007 show, as well as additional offerings they’ve told us they’d like to see in the future,” Gilbride says. “We expect snow removal contractors will be pleasantly surprised by the programs we’re planning.”
 
Check out www.snowmagazine.com for complete Snow EXPO 2008 preview coverage and updates, as well as coverage from Snow EXPO 2007. – Mike Zawacki

Are You Addicted to E-Mail?

You may think nothing of taking your portable hand-held device everywhere with you as you meet with commercial property owners or conduct meetings with a prospective new design-build client.
 
But is your need to be connected with your office feeding an
e-mail addiction?
 
According to recent research, it may be. More Americans than ever before are using portable devices to keep tabs on their e-mail throughout the day and night, and from virtually anywhere – bed, cars, bathrooms and even church.
 
“E-mail is becoming more and more accessible and people continue to take advantage of that,” says Regina Lewis, a consumer Advisor for AOL Online, which conducted the study. “Portable devices – like e-mail itself – are becoming more prevalent and easier to use.”
 
The research shows that e-mail use on portable devices has nearly doubled since 2004, and as a result, people are checking e-mail around the clock. According to the survey, the average e-mail user checks mail about five times a day, and 59 percent of those with portable devices are using them to check e-mail every time a new message arrives.

With or without portable devices, 15 percent of Americans describe themselves as “addicted to e-mail,” according to the study.
 
Other significant findings include: 

• Washington, DC is the most “e-mail addicted” city in the country. Rounding out the top 5 U.S. cities addicted to email are: 2. Atlanta; 3. New York; 4. San Francisco and 5. Houston.
• Women are more likely to describe themselves as addicted to e-mail than men.
• Forty-three percent of e-mail users check their e-mail first thing in the morning, and 40 percent have checked their e-mail in the middle of the night.
• Sixty percent of people to checking their personal e-mail at work an average of three times a day. – Mike Zawacki